Click a location below to find Christopher more easily. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The email address cannot be subscribed. {7} Defendant was tried, convicted, and sentenced for first-degree murder as a serious youthful offender pursuant to NMSA 1978, 31-18-15.3(D) (1993), which allows a district court to sentence the offender to less than, but not exceeding, the mandatory term for an adult. NMSA 1978, 31-18-14(A) (1993) grants the district court discretion in sentencing minors who have been convicted of a capital felony: [I]f the defendant has not reached the age of majority at the time of the commission of the capital felony for which he was convicted, he may be sentenced to life imprisonment but shall not be punished by death. (Emphasis added.) March 02, 2023 8:32 PM EST. If counsel had questioned Ortega about this statement on the stand and he had denied making it, Defendant's theory of the case could have been weakened. We therefore hold that the trial court did not abuse its discretion by admitting the tape and transcript into evidence under Rule 11-803(X). 27. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . Watch me LIVE every Wednesday & Thursday . Email. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. None appears to support the use of Ortiz's interview with the police. We conclude, however, that the alleged instances of prosecutorial misconduct in this case do not rise to the level of reversible or fundamental error regardless of whether they are considered individually or cumulatively. {64} Lastly, Defendant claims that his thirty year sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution and Article II, Section 13 of the New Mexico Constitution. See UJI 14-203 NMRA 2002. He Then left school to pursue his dream in the Arts. Detective Shawn testified that Ortiz identified Defendant from a photo lineup as one of the shooters, but refused to have his response recorded on tape. {21} Under these circumstances, we find that the taped statement and transcript were reliable and important for the jury to consider, as it went to the identity of the shooters. We find that there was sufficient evidence for a rational jury to find beyond a reasonable doubt that Defendant helped, encouraged, caused, and intended the shooting which resulted in Mendez's death. 26,108. By Jovita Trujillo -Los Angeles March 03, 2023 11:14 PM EST Michael Douglas is sharing insight into his activities on the golf course with his wife, Catherine Zeta-Jones. {9} We conclude that serious youthful offenders convicted of first-degree murder shall be allowed to invoke this Court's mandatory appellate jurisdiction under Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1). {46} Finally, Defendant argues that defense counsel's failure to challenge the indictment for conspiracy to commit depraved-mind murder, a non-existent crime, constituted per se ineffectiveness. He asserts that there was no evidence from any witness that any of the shots were directed at any building or that any bullets hit a building. . As summarized above, there was sufficient evidence to convict Defendant of first-degree depraved-mind murder as either a principal or accessory and conspiracy to commit aggravated battery. Because we have vacated all convictions for which we found error, and there is otherwise no error to accumulate, we conclude that the defendant received a fair trial and that the doctrine is not applicable in this case. The defendant intended that the crime be committed; 3. {53} Defendant argues that the prosecutor improperly led Ortega on the crucial issue of identification, undermining the truth-finding process and violating principles of fundamental fairness. In those cases the defendants were not challenging their sentences as violations of the constitutional prohibition against cruel and unusual punishment, but rather were claiming that their sentences were illegal as not authorized under the applicable statute. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. Contact. Experience . 2. $3895 . Cf. {44} We next consider Defendant's argument that defense counsel was ineffective in failing to interview, secure the presence of, or secure a continuance until such time as Canas could be located. Thus, I concur in parts II, III(A), V, and VI. {14} At trial, the State called Ortiz as an eyewitness to testify regarding the details of the shooting. Finally, we find there was little danger that Ortiz misjudged, misinterpreted, or misunderstood what he saw that evening because there were no impediments to his perception and because he was present throughout the event. Burial and reception will follow at 430 County Rd. In order to find the Defendant guilty, the State had to prove beyond a reasonable doubt that Defendant willfully shot a firearm at a dwelling or an occupied building. Parties alleging fundamental error must demonstrate the existence of circumstances that shock the conscience or implicate a fundamental unfairness within the system that would undermine judicial integrity if left unchecked. State v. Cunningham, 2000-NMSC-009, 21, 128 N.M. 711, 998 P.2d 176. {34} Defendant next argues that his convictions for all counts relating to shooting at a dwelling or occupied building must be reversed because there was no evidence that Defendant shot at a dwelling or occupied building. Los Trujillo Map. The trial judge denied both motions and made the following finding: First of all, I don't think very many jurors heard it. Based on the evidence summarized below, we conclude the State met its evidentiary burden. VI, 2. Rule 11-613(B) would allow, in this case, for the impeachment of Ortiz with extrinsic proof of those out-of-court statements, but would not allow them to come in for substantive purposes. {2} Pursuant to Rule 12-102(A)(1) NMRA 2002, Defendant raises the following issues on appeal: (1) the admission of the tape and transcript of Joseph Ortiz's out-of-court statement violated Defendant's constitutional right to confrontation and due process because it was inadmissible impeachment and hearsay evidence; (2) his conviction for first-degree depraved-mind murder violated due process of law because sufficient evidence did not support the conviction on any theory; (3) Defendant was convicted of a crime that does not exist-conspiracy to commit depraved-mind murder; (4) there was no evidence that Defendant shot at a dwelling or occupied building; (5) Defendant's trial counsel's performance constituted ineffective assistance of counsel; (6) the prosecutor's acts of misconduct distorted the evidence on the issue of identification, depriving Defendant of due process and a fair trial; (7) the conspiracy charges and Defendant's convictions violate the Double Jeopardy Clause because there is no evidence of any agreement or agreements to support separate charges; (8) the above constitute cumulative error that denied Defendant due process and a fair trial; and (9) Defendant's sentence is disproportionate and in violation of the state and federal constitutional prohibitions against cruel and unusual punishment. Evidence that supports two contradictory inferences is properly said to have proved neither. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. He earned his wings too soon on May 4, 2021. Dec. 20, 2020: An open letter to my school family. Do you see one of those people in the courtroom today? See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. Although we did not have an extensive analysis on this issue and we noted that the defendant did not persuade us otherwise, we recognized that the district court found that the circumstances of the original statement, the proximity in time to the shooting itself, all are indicia of reliability in that statement. Id. We are not persuaded that Defendant was merely present during the shooting. The fact that Ortiz most likely would view his cousin as being less culpable had he not fired the fatal shots significantly diminishes any circumstantial guarantee of trustworthiness based on the notion that people do not implicate family members unless believing it to be true. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. {36} It is the absence of evidence on this point that convinces us that Defendant did not willfully discharge the gun at a dwelling or occupied building or agree with another person to commit such a crime. As a result, we do not address Defendant's confrontation concerns on appeal. This Court's mandatory appellate jurisdiction is not based on a prison sentence to a term of years, nor is it based on a first-degree murder conviction. {47} We consider the entire proceeding as a whole and judge any claim of ineffectiveness on whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. State v. Richardson, 114 N.M. 725, 727, 845 P.2d 819, 821 (Ct.App.1992) (quoting Strickland, 466 U.S. at 686, 104 S.Ct. The court must then determine whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance. Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. I think you are stuck with the strategy there. I respectfully dissent from part III(B). Refine Your Search Results All Filters 1 Christopher D Trujillo, 57 Resides in Las Cruces, NM Related To Stephanie Trujillo, Rudy Trujillo, Johnny Trujillo, Olga Trujillo None of those factors is present in this case. Q. The same motivation that influenced Ortiz to neglect to name the two men on the balcony would, I think, encourage him to shift the blame for the fatal shot from his cousin to Defendant. Chris is survived by his loving wife Amber Trujillo and sons Jason(Chinche)Trujillo, Christopher(Cola)Trujillo and Ambrose(Chicken) Trujillo, mother LuAnna Bustamante, father Ted Trujillo, maternal grandmother Ramona Jaramillo, paternal grandmother Preddie Thompson, brother Dominic Trujillo and wife Katherine, nephew Julian Lucero, nieces Seryna Rodriguez, Alyssa Lucero Brandi Trujillo and Briana Trujillo all of Bernal, NM. Chris was a hard worker and established his company "All American Towing" in 2017. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. {24} Depraved-mind murder is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Section 30-2-1(A)(3). As discussed above, the State also introduced evidence that Detective Shawn interviewed Ortiz the night of the shooting, although Ortiz was reluctant to testify about the details of the shooting or his prior statement at trial. {69} I would remand this case for a new trial. Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. Cheryl Trujillo's phone number is (505) 292 - 5391. The essence of the dissent's argument on this point is that while one could reason that Ortiz would not have implicated a family member unless he believed it to be true, equally one could reason that he had a motive to shift the blame from his cousin to Defendant because of familial loyalty, fear of retaliation, and his presumed belief that his cousin would be less culpable. Moreover, in his opening statement, the defense attorney was completely forthright about Defendant's gang affiliation, stating that there is no question that Chris Trujillo is a gang member. Defense counsel went on to say that nobody in this room is going to think that Mr. Allison or Mr. Trujillo is a Boy Scout We certainly can't avoid the issue that this involves gangs, something about drugs, certainly some violence. Defense counsel also spoke of a spectrum of gang involvement, trying to demonstrate to the jury that while Defendant was not a Boy Scout, he was also not a gang member for profit, for criminal acts, for death, destruction, drug dealing, [or] intimidation. Although we recognize the danger of guilt by association when evidence of gang membership is introduced, such evidence is admissible to show other important elements of the crime, such as motive or intent. The trial court's determination of these questions will not be disturbed unless its ruling is arbitrary, capricious, or beyond reason. Id. {18} With respect to ambiguity, we conclude that there is no danger that the meaning intended by Ortiz will be misinterpreted because the taped statement was played to the jury and the jury had the opportunity to interpret Ortiz's statement themselves rather than rely on some other witness's interpretation. He took pride in everything he did and everything he did was for his sons. In this situation the use of Rule 11-803(X) seems contrary to its purpose, and allows the State to avoid the requirements of the hearsay rule and its normal exceptions. Furthermore, even if Ortiz had believed that his cousin would be less culpable had he not fired the fatal shots, one could also speculate that he would have believed his cousin to be even less culpable had he not fired any shots. He claims that the testimony came out during defense counsel's examination of Detective Shawn, during which defense counsel asked Shawn an open-ended question about one of his interviews. Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. Evidence that may first appear to be quite compelling when considered alone can lose its potency when weighed and measured with all the other evidence, both inculpatory and exculpatory. We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. We agree with the Court in State v. Ortiz-Burciaga, 1999-NMCA-146, 22, 128 N.M. 382, 993 P.2d 96, however, that under a substantial evidence review, [i]t is the exclusive province of the jury to resolve factual inconsistencies in testimony. We will not reweigh the evidence or substitute our judgment for that of the jury. See UJI 14-340 NMRA 2002. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. Moreover, counsel did not draw the jury's attention to it, and it was not repeated by counsel or the prosecutor. {16} The trial court found the statement admissible under Rule 11-803(X), and we conclude that it did not abuse its discretion by admitting Ortiz's statement under this Rule. 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). RESET. The United States Supreme Court has held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. Trujillo ( Democratic Party) ran for re-election to the New Mexico House of Representatives to represent District 25. [T]o establish ineffective assistance of counsel, the defendant must point to specific lapses by trial counsel. State v. Brazeal, 109 N.M. 752, 757, 790 P.2d 1033, 1038 (Ct.App.1990). Prison pen pals seeking friendship. Chris Trujillo The Starcourt food court featured a quintessential selection of '80s eateries, including Burger King, Great Panda, Orange Julius, Hot Sam and New York Pizza. {61} Defendant next asserts that the multiple conspiracy charges and convictions violate the Double Jeopardy Clause where there was no evidence of any agreement, let alone separate agreements to support separate charges. Trujillo found that something when he got. If the acts of two or more persons contribute to cause death, each such act is a cause of death. Detective Shawn stated that on the night of the shooting Ortega identified Defendant as one of the shooters from a photo lineup and that he recorded this identification. We think the record makes clear that the trial judge relied on Rule 11-803(X), even though it may not have been the cornerstone of its ruling. The State of New Mexico has additional required charges for Cremation Permit, Office of the Medical Investigator fee, death certificates and sales tax. Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM {35} Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Section 30-3-8(A) (emphasis added). The jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. In order to be convicted of conspiracy, the defendant must have the requisite intent to agree and the intent to commit the offense that is the object of the conspiracy. Varela, 1999-NMSC-045, 42, 128 N.M. 454, 993 P.2d 1280; see also Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. {28} At trial, the evidence showed that Defendant and Allison were standing on the second floor balcony and opened fire at a group of rival gang members below. Ortega again identified Defendant at trial as the second shooter. 3. We conclude that Defendant's thirty year sentence with the possibility of good time credit does not constitute fundamental error. Id. {17} In determining whether a statement is sufficiently trustworthy the statement must be inherently reliable at the time it is made. State v. Williams, 117 N.M. 551, 561, 874 P.2d 12, 22 (1994). Furthermore, Detective Shawn also testified that he believed Ortiz's statement was truthful because it was consistent with other witnesses' testimony and the physical evidence found at the scene. Followed by a rosary at 7pm at Santa Rita Church in Bernal, NM. Which memorial do you think is a duplicate of Chris Trujillo (104119474)? He then testified that all three identified both Allison and Defendant as the shooters and that they had all told him that only one gun was used. Defendant did object when the prosecutor asked the Detective about the witnesses' descriptions of Defendant's acne and during the prosecutor's attempt to have the Detective testify as to Canas' identification of Defendant from the photo array. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. Q. Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. Contact Number . It is the court's duty to determine preliminary questions concerning the admissibility of evidence, see Rule 11-104(A) NMRA 2002, and this Court reviews the trial court's rulings for an abuse of discretion. There is no question that Mendez's death was caused by a depraved-mind act, the hail of bullets from the balcony. Finally, I do not think that the use of Rule 11-803(X) in this context comports with its drafters' intentions. State v. Ross, 1996-NMSC-031, 122 N.M. 15, 20, 919 P.2d 1080, 1085. First, the dissent's discussion suggests that Detective Shawn found Ortiz's statement generally untruthful. {31} Ortega testified at trial that he and fellow Juaritos Maravilla gang members were asked what they were doing in the Barelas barrio by people standing on a second-floor apartment balcony. It makes little sense to allow adults convicted of first-degree murder to appeal directly to this Court, but to force juveniles convicted of the same crime to first appeal to the Court of Appeals. {45} Defendant also argues that defense counsel failed to object to prejudicial hearsay statements and elicited highly prejudicial evidence against his own client. Trujillo, Casey Second, the statement was more probative of the identity of the shooters than any other evidence the State could procure through reasonable efforts-in Ortiz's taped statement he indicated that there was a big guy wearing black jeans and a black t-shirt, presumably Allison, and a little guy wearing light blue jeans and a striped shirt, presumably Defendant, on the balcony and that the little guy did the shooting.
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